[HISTORY: Adopted by the Town Council of the Town of Wolcott as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-21-2002 by Ord. No. 83]
The Zoning Enforcement Officer of the Town of Wolcott is authorized to issue citations for violations of the Wolcott Zoning Regulations to the extent and in the manner provided by this article. Any such citation may be served either by hand delivery or by certified mail, return receipt requested, to the person named in such citation. If the person named in a citation sent by certified mail refuses to accept such mail, the citation may be sent by regular United States mail. No citation shall be issued unless a written notice to correct has been issued which allows for a voluntary correction of the alleged violation within 30 days. For purposes of this section, notice shall be presumed to have been properly sent if such notice was mailed to such person's last-known address on file with the Tax Collector. If the person to whom such notice is issued is a registrant, the Town may deliver such notice in accordance with C.G.S. § 7-148iii, provided nothing in this section shall preclude the Town from providing notice in another manner permitted by applicable law.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A citation may be issued for any violation of the Zoning Regulations of the Town of Wolcott, and separate citations shall be issued for each violation when there are multiple violations on a property.
The fine for each violation shall be $150 per day payable to the Treasurer of the Town of Wolcott.
The issuance of a citation under the terms of this article does not restrict or prohibit the Town from taking other legal actions as may be appropriate and necessary to enforce the Zoning Regulations.
Any person receiving such a citation shall be allowed a period of 10 days from his or her receipt of the citation to make an uncontested payment of the fine specified in the citation. If the citation has been sent by regular mail pursuant to the provisions of § 57-1 of this article, the day of receipt of the citation shall be deemed to be three business days after the day of mailing of the citation.
If a person who has been issued a citation does not make uncontested payment of the fine specified in the citation to the Treasurer within the time allowed under § 57-5 of this article, the Zoning Enforcement Officer shall send a notice to the person cited, such notice to be in the manner provided for in § 57-1, informing such person:
A. 
Of the allegations against him or her and the amount of the fines;
B. 
That the person cited may contest liability before a hearing officer appointed by the Town Council as provided in § 57-9 of this article by delivering in person or by mail, within 10 days of the date of the notice, a written demand for a hearing.
C. 
That if the person cited does not demand such a hearing, an assessment and judgment shall be entered against him or her; and
D. 
That such judgment may issue without further notice.
If the person who is sent notice pursuant to § 57-6 wishes to admit liability for any alleged violation, he or she may, without requesting a hearing, pay the full amount of the fine, either in person or by mail, to the Zoning Enforcement Officer. All checks shall be made payable to the Treasurer of the Town of Wolcott. Such payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of such person or other person making the payment. Any person who does not deliver or mail written demand for a hearing within 10 days of the date of the notice described in § 57-6 shall be deemed to have admitted liability, and the Zoning Enforcement Officer shall certify to the hearing officer that such person has failed to respond. The hearing officer shall thereupon enter and assess the fines provided for by this article and shall follow the procedures set forth in C.G.S. § 7-152c.
All hearings shall be conducted in accordance with the requirements of C.G.S. § 7-152c.
The Mayor shall appoint one or more citation hearing officers to conduct the hearings provided by this article. Hearing officers shall serve for a term of two years unless removed for cause. Neither the Zoning Enforcement Officer, the Building Inspector nor any employee of the Town of Wolcott exercising zoning authority may be appointed to be a hearing officer pursuant to this ordinance.